01 February,2024 06:15 PM IST | Mumbai | mid-day online correspondent
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The Bombay High Court has taken suo motu contempt proceedings against three lawyers who submitted a fabricated news report, casting unfounded aspersions on a High Court judge.
The court emphasized that such deliberate acts undermine the dignity of the court and impair the administration of justice.
A division bench comprising Justices Anuja Prabhudessai and N R Borkar issued the order on January 29, citing the lawyers' "deliberate, motivated, and contemptuous act" that tends to bring the administration of justice into disrepute.
The incident unfolded when an application was submitted by Bhisham Pahuja, represented by lawyers Zoheb Merchant and Minal Chandnani, in a petition filed by Amar Mulchandani, who is facing charges in a money laundering case and sought the quashing of the case.
The lawyers relied on a purported news clipping suggesting that the judge overseeing the petition had favorable relations with Mulchandani, insinuating a potential quashing of the case. An inquiry, directed by the High Court, was conducted by the police to verify the authenticity of the news report, leading to findings that it was false and fabricated.
Pahuja, Merchant and Chandnani said they were not aware of this and apologised to the court, newswire PTI reported.
The bench, however, refused to accept their apology and said a lawyer was not a mouthpiece of his or her client and that a lawyer cannot commit any act that would malign a judge or bring disrepute to the institution.
"It is not an attack on the dignity, reputation or honour of an individual Judge but an attack on the authority of the institution and majesty of the law," the court said.
Such a deliberate, motivated and contemptuous act which impairs the administration of justice or tends to bring the administration of justice into disrepute or lowers the dignity of the court, it added.
The bench noted that an advocate is an integral part of the judicial administration and as an officer of the court, the advocate is responsible for upholding the dignity of the court, and the majesty of law and preventing any interference in the administration of justice.
"In the instant case, the three members of the Bar have made scurrilous and scandalous imputations against a Judge with a calculated motive of seeking recusal from the matter. The conduct is thoroughly contemptuous," HC said.
The court held that the three lawyers indulged in making a scandalous attack on the judge to browbeat him to recuse from the matter.
The bench directed the HC's registry department to issue notices to the three lawyers to show cause as to why the action under the Contempt of Courts Act should not be taken against them for having committed criminal contempt. (With inputs from PTI)
